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Wednesday, March 20, 2019 8:00 PM

Fourth Circuit directs district court to compel arbitration where agreement contained clear and unmistakable language providing the arbitrator with the power to determine his or her jurisdiction

Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. ("Credit One"). The Cardholder Agreement

Wednesday, March 20, 2019 8:00 PM

Supreme Court of Kentucky holds that a Kentucky statute prohibiting employers from requiring employees to sign arbitration agreements as a condition to employment was not preempted by the Federal Arbitration Act

The Supreme Court of Kentucky recently ruled that a state agency exceeded its power when it required an employee to sign an arbitration agreement as a

Wednesday, March 20, 2019 8:00 PM

Ninth Circuit confirms vacatur of award that ignores plain text of contract to reach perceived just result as "irrational."

ECC Centcom Constructors, LLC and ECC International, LLC (together, "ECC") had a contract with the U.S. Army Corps of Engineers ("USACE") and awarded

Wednesday, March 20, 2019 8:00 PM

Sixth Circuit compels arbitration where attack was on validity of contract, not validity of arbitration provision, and remands case to district court to decide on permissibility of class arbitration

In 2011, Matt Rogers entered into a lease agreement governing oil and gas extraction from Rogers's five-acre property in Ohio (the "Agreement") with

Wednesday, March 20, 2019 8:00 PM

Foreign Sovereign Immunities Act. District court grants default judgment against an absent defendant and enforces arbitral award in an action to enforce financial obligations brought under the Foreign Sovereign Immunities Act

Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively "Tidewater"), were investors in oil- and gas-related

Wednesday, March 20, 2019 8:00 PM

District court denied Plaintiff's application where Plaintiff had publicly stated that it was seeking this discovery to evaluate whether to bring a separate action against the target company in the U.S

Plaintiff brought an action in the Southern District of New York, seeking an order under 28 U.S.C. 1782 authorizing it to take discovery from the

Wednesday, March 20, 2019 8:00 PM

Second Circuit holds that arbitration provision did not become part of contract where plaintiff did not have reasonable notice of it and manifest his assent to it

In January 2016, Plaintiff purchased a 2-Year Electronics Protection Plan (the "Protection Plan") from SquareTrade to protect a CD player that he

Wednesday, March 20, 2019 8:00 PM

Supreme Court of Missouri determined that the language of the arbitration agreement limited the choice of arbitrator such that a court was not permitted to identify a substitute for a defunct arbitrator

In June and July 2006, Meeka Hunter ("Hunter") applied for $800 in four loans from A-1 Premium Acceptance, Inc. ("A-1"), signing contracts for each

Wednesday, March 20, 2019 8:00 PM

District court grants application for discovery pursuant to 28 U.S.C. 1782 in aid of foreign arbitration, criminal and liquidation proceedings

Applicants were investors in a group of Mauritius private-equity funds that were formed to invest in Indian real estate. Beginning in 2015, applicants

Wednesday, March 20, 2019 8:00 PM

District court finds that Sweden's interest in contractual dispute outweighs U.S. interest and dismisses lawsuit in favor of Swedish forum

Snöfrost, a Swedish company, filed a complaint in the U.S. District Court for the District of Massachusetts against Susanne Håkansson, a Massachusetts

Wednesday, March 20, 2019 8:00 PM

District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had no agreement to arbitrate

Through a series of subcontracts, Big Port Service DMCC ("BPS") supplied marine fuel oil to a vessel owned by CSCL Container Lines Co. Ltd. ("CSCL"

Wednesday, March 20, 2019 8:00 PM

District court dismisses complaint for lack of subject matter jurisdiction due to failure to adequately demonstrate a nexus between the property at issue and the foreign sovereign's commercial activity in the United States

According to a pro se complaint filed by Sheafen Kuo and Tina Kuo in the Southern District of New York, their father, Shih Jian Kuo, purchased a unit

Wednesday, March 20, 2019 8:00 PM

Appellate court reverses trial court order compelling arbitration, finding parties did not enter a valid mutual agreement to arbitrate.

In November 2017, Plaintiff Amy Skuse ("Skuse") filed a complaint against her former employer Pfizer, Inc. ("Pfizer"), and several other Pfizer

Wednesday, March 20, 2019 8:00 PM

District court grants motion to compel arbitration in accordance with broad arbitration clause that provides that an arbitrator must decide the threshold issue of whether a dispute is arbitrabl

Plaintiff SteppeChange, LLC ("SteppeChange") a California-based tech company, was involved in two projects, under two separate oral agreements, with

Wednesday, March 20, 2019 8:00 PM

Are recordings made without counterparty's consent admissible as evidence in arbitration?

It has long been disputed whether video or audio recordings can be admitted as evidence in arbitration where they are made without the counterparty's

Wednesday, March 20, 2019 8:00 PM

Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision

The Supreme Court of Cassation recently found that parties alleging nullity of an arbitral award for the late delivery of the decision must notify the

Tuesday, March 19, 2019 8:00 PM

Austrian Yearbook on International Arbitration 2019

For a long time the traditional view was that it was not necessary to distinguish between domestic and foreign arbitrators because they were all the

Tuesday, March 19, 2019 8:00 PM

New Jersey Enacts Bill Banning NDAs for Discrimination, Retaliation, and Harassment Claims . . . and Fundamentally Attacking Arbitration Agreements

As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual

Tuesday, March 19, 2019 8:00 PM

New Jersey bans NDAs and certain waivers of rights in agreements with employees

On March 18, 2019, New Jersey Governor Phil Murphy signed new legislation (S121) that significantly impacts the scope of certain employment agreements

Tuesday, March 19, 2019 8:00 PM

Keep On Truckin’: Strategies for Managing Wage and Hour Risks with Transportation Contractors After New Prime, Inc. v. Oliveira

In January, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira that the Federal Arbitration Act's ("FAA" or the "Act") exclusion for

Tuesday, March 19, 2019 8:00 PM

Third Party Discovery Subpoenas in Arbitration: The Growing Circuit Court Split

One of the potential advantages of arbitration is that it could be less time consuming and less expensive than traditional litigation. And one of the

Tuesday, March 19, 2019 8:00 PM

New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and

Tuesday, March 19, 2019 8:00 PM

Arbitration in Italy - The New Rules of the Milan Chamber of Arbitration

On March 1, 2019, the Milan Chamber of Arbitration ("CAM"), the leading Italian institution, managing 23 of the international arbitrations having

Tuesday, March 19, 2019 8:00 PM

California Legislature Tries Yet Again to Outlaw Arbitration Agreements

There they go again! As we predicted last November, the California legislature is once again trying to outlaw arbitration agreements between employers

Monday, March 18, 2019 8:00 PM

Brexit: UK unwinds implementation of EU ADR laws

The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (200852EC) after Brexit. The

Monday, March 18, 2019 8:00 PM

Partial Final Award Not Ripe For Confirmation

Under Section 9 of the Federal Arbitration Act, a court must confirm an arbitration award when a timely request is made unless there is a basis to

Monday, March 18, 2019 8:00 PM

Une nouvelle voie ouverte par les Règles de Prague sur la Conduite Efficace des Procédures en Arbitrage International

Le 14 décembre 2018, les nouvelles Règles sur la Conduite Efficace des Procédures en Arbitrage International ( les Règles de Prague ) ont été

Monday, March 18, 2019 8:00 PM

Litigation Trends 2019

It is our pleasure to present the 2019 edition of Weil’s Litigation Trends Report, in which we offer our cross-practice assessments and predictions

Monday, March 18, 2019 8:00 PM

New Jersey's Response to MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements

Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019

Monday, March 18, 2019 8:00 PM

Straight to the point of dispute resolution: is litigation or arbitration better?

Adrian Lifely is a Partner at Osborne Clarke specialising in complex international arbitration and in commercial litigation. In this video, he

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